 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCOTTISH LEGAL NEWS: MONDAY 15 JUNE 2009
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CORE SOLUTIONS GROUP: GET TO YES
|
Core Solutions Group is holding a one-day seminar on Friday 19 June with William Ury, director of the Harvard Global Negotiation Initiative.
Dr Ury is a world leader in negotiation strategy and the understanding of conflict.
This is a one-off and unique event in Scotland and Dr Ury’s only visit to the UK this year, having accepted Core’s invitation to come to Edinburgh at this crucial time in our collective and global future.
Dr Ury co-authored Getting to Yes, arguably the most significant book in the field of negotiation in the past generation, and has advised numerous governments, presidents and global bodies, as well as businesses and NGO’s around the world.
John Sturrock, founder and chief executive of Core, said: “This is quite simply the most significant event which we at Core have been privileged to host.
“At a time of serious business, economic, environmental and social uncertainty, to have someone of William Ury’s standing coming to Scotland is a real opportunity for us all. I commend this event to you.”
The last few places are still available. To register click here.
|
|
|
|
|
ABERDEEN UNIVERSITY RURAL LAW CONFERENCE AND PHD
|
The School of Law at Aberdeen University has announced two major initiatives in the area of rural law – a dedicated conference, and a fully-funded PhD project starting October 2009.
The Rural Law Conference takes place at Aberdeen University King’s College on September 3 and will explore legal and policy aspects of land reform in Scotland after 10 years of a Scottish Parliament.
It will consider the future of agriculture and rural land use in Scotland and examine in detail the policy and legal developments in the areas of agriculture; access to the countryside; national parks and community rights of land acquisition.
For full information on the programme, costs and CPD contribution see the Rural Law Conference website.
In addition to this the School of Law, in partnership with the Macaulay Institute, has been successful in securing a fully-funded AHRC Collaborative Doctoral Award.
The funding is for a project entitled Farming Outside the Fence?: An Analysis of Legal and Policy Supports for Non-Commercial Farming in Scotland to start in October 2009. Applications are now invited for this scholarship, which covers fees at UK/EU rates and enhanced maintenance.
For full details and the application form, see the School of Law website.
|
|
|
|
|
|
|
|
COMPASS CHAMBERS TO SPONSOR SCOTTISH LEGAL NEWS
Scottish Legal News is delighted to celebrate its first anniversary by welcoming Compass Chambers as sponsors of our fast growing daily news service that has already attracted nearly 3,800 subscribers from right across the legal spectrum in Scotland.
Peter Gray
|
Peter Gray QC, director of Compass Chambers, said: "We are pleased to support Scottish Legal News which is providing a valued service to Scotland's lawyers. We hope that our sponsorship and support will assist its continued development and growth."
Compass Chambers, whose membership includes nine leading QCs and a number of the most talented juniors at the Scottish Bar, offers expertise across a broad spectrum of litigation, with core strengths in reparation, regulatory crime and professional disciplinary proceedings.
Compass has an affiliation with the highly rated Crown Office Chambers in London and shares many of the values espoused by them.
In the reparation field members of Compass specialise in personal injury, clinical negligence, professional negligence, property damage, insurance law, and fatal accident inquiries.
In the field of regulatory crime members specialise in the defence of allegations brought under health and safety, road traffic, environmental and corporate financial legislation, and also appear regularly in fatal accident inquiries; in particular those relating to fatalities in the workplace.
In the field of professional disciplinary proceedings, members specialise in statutory appeals from medical, dental and teaching Panels.
In addition to its core strengths, Compass includes within its membership specialists in contract and commercial litigation, judicial review and defamation.
Members include some of the most well instructed, and highly regarded counsel at the Scottish Bar and, as a result, have considerable experience in all Scottish courts from the Sheriff Court to the House of Lords and Privy Council.
Many of our members are on the panels of several leading insurers, publishers and disciplinary bodies. Many are rated in Legal 500 as leading in their areas of practice, including professional negligence, personal injury, and regulatory crime.
As an organisation, Compass is at the forefront of innovating in the way in which counsel interact with agents and clients, and aims to offer a commercially sensitive, comprehensive and cost-effective service.
|
|
|
|
|
|
LAW SOCIETY WELCOMES WORTHWHILE EXAMINATION OF DEVOLUTION
The Law Society of Scotland has welcomed the report published today by the Commission on Scottish Devolution as an important step in the debate over Scotland’s constitutional future.
Michael Clancy
|
Michael Clancy, director of law reform at the Law Society, said: “The society has welcomed the opportunity to engage with the Commission on Scottish Devolution.
“While not involved in the political discussion over whether the Scottish Parliament should be given further powers, the society has provided the commission with evidence on a number of occasions on the legal practicalities of the various options for reform.”
The Constitutional Law Sub-Committee, convened by Christine O’Neill of Brodies, has been the led the Law Society’s response to the commission, but tax law, pensions law, insolvency law, rural affairs and the criminal law committees have also been involved in the society’s representation.
The society has provided evidence on a number of aspects of the current constitutional arrangement including suggestions on parliamentary procedure such as enhancing scrutiny of legislation by increasing scope for debate at Stage 3.
Taking this suggestion forward, the commission has recommended that Stage 3 should become limited to a second main amending stage with a new Stage 4 becoming the final debate on whether to pass the bill.
It has also highlighted a number of areas of law devolved to the Scottish Parliament, contained in schedule 5 to the Scotland Act, which would benefit from clarification.
The commission has recommended that the definitions of both “charitable purposes” and “social security purposes” in the act be amended to clarify potential inconsistencies raised by the society in its evidence.
In addition the society has suggested that some taxes, including stamp duty land tax, would be relatively easy to devolve but has also noted that the underlying law is of just as much importance as the right to vary a rate of tax.
Mr Clancy added: “The commission’s work represents a detailed and worthwhile examination of the devolution arrangement.
“The society hopes that the recommendations which the commission will make today will result in enhanced democratic engagement and improved procedures for the reform of Scots law in the Scottish Parliament.”
|
|
|
|
|
|
LORD CULLEN NAMED NEW CHANCELLOR AT ABERTAY
The University of Abertay has announced that its new chancellor is to be Lord Cullen of Whitekirk.
Lord Cullen
|
One of Britain’s most distinguished judges, Lord Cullen will succeed the Earl of Airlie, the founding chancellor of Abertay when it won the right to use the title of university in 1994.
The announcement was made at a dinner on Saturday to mark the 15th anniversary of gaining the title, hosted by Lord Airlie at his home at Cortachy Castle near Kirriemuir.
The formal handover will take place on August 1.
Lord Cullen was a senior member of the Scottish Judiciary, and was appointed as Lord Justice General and Lord President of the Court of Session in 2001.
His father was a governor of the Dundee Institute of Art and Technology—the institution that became Abertay University.
Lord Cullen said: “I am delighted and excited to become the chancellor of this modern, vibrant university—in a city which has adapted to changing times.
“Abertay’s innovative and imaginative approach to the application of knowledge and technology in academic subjects is impressive.”
He added: “The fact that my father, Sheriff K D Cullen, was a governor of the former Dundee Institute of Art and Technology gives me additional pleasure.
“To become chancellor is a great privilege, and I hope that I will fully measure up to the challenge set by my distinguished predecessor.”
Lord Airlie said: “I have been chancellor of Abertay Dundee University since its inception 15 years ago and I have been associated with its transformation from a college of technology to a modern and exciting university ever since.
“Abertay plays a very influential role in the field of higher education both nationally and internationally, and it has I believe now reached the age of maturity.
“I think, therefore, that this is a logical moment for me to step down as chancellor.”
|
|
|
|
|
|
BELL & SCOTT ANNOUNCES LINE-UP FOR PROPERTY 09
Bell & Scott has announced the details for its Property 09 Conference.
Paul Jennings
|
Property 09, produced in association with the Scottish Property Federation, will debate key issues facing the property industry including the economy, regeneration and mixed use projects, maximising investor return, environmental opportunities and planning.
The event, which will take place on Wednesday 2 September at the EICC, Edinburgh, will be chaired by Bell & Scott’s managing partner, Paul Jennings.
Bell & Scott’s annual property conferences are attended by the Scottish property industry’s key players.
Speakers include:
Roger Madelin, CEO of Argent, who will speak on regeneration and mixed-use projects. Roger handled King's Cross, the largest Central London regeneration for over 100 years.
Stephen Hill, director of C2o Futureplanners, will discuss achieving the right mix of value and economic return. Stephen actively promotes a wider understanding of sustainable development in everyday practice.
Professor Barry Gilbertson, partner at PricewaterhouseCoopers, will open the conference with an economic outlook. Barry is the former president of the Royal Institution of Chartered Surveyors, and sits on the Bank of England Property Committee.
Steve Pritchard, executive director of development at Clyde Gateway, will discuss recent and future developments at Clyde Gateway.
Richard Flack, senior partner at DPP, will discuss planning. Richard advises many of the country's leading developers on large scale projects including retailing, housing, office, industry, warehousing, leisure and roadside services, as well as mixed use developments and urban regeneration projects.
|
|
|
|
|
|
WILDLIFE LAWS TO BE MODERNISED
A consultation on options to reform outdated wildlife and natural environment laws, some dating back over 200 years, has been launched by the Scottish Government.
Richard Lochhead
|
Current legislation contains anomalies and weaknesses that need to be addressed to ensure Scotland has suitable structures in place to manage and sustain its wildlife and the natural environment.
A consultation paper issuing today sets out a number of potential areas of reform, including:
stronger action to address problems created by invasive non-native species such as Japanese knotweed and the American signal crayfish
the reform of game laws, some dating back to the 18th century
more robust and sustainable deer management practices, including raising the standards of those involved in shooting deer
Launching the consultation, Environment Secretary Richard Lochhead said: “Our natural environment is one of our most valuable assets, worth around £17 billion to the Scottish economy. It is therefore vital that we ensure we do all we can to protect and enhance it.
“We need to ensure that an appropriate legislative framework is in place which enables us react to changing circumstances and new challenges, and which will continue to deliver public benefit from the sustainable management of our wildlife and natural environment.
“We therefore intend to update and streamline existing wildlife and natural environment legislation where it is appropriate to do so.
“Any legislation of this kind must take into account the views of those living and working in our countryside which is why I am seeking the views of experts from both land-owning and conservation organisations during this consultation process.”
Douglas McAdam, chief executive of the SRPBA, said: “We have been told by the Scottish Government that the stated aim of this bill is to modernise the statute where required and to provide systems that operate in a straight forward way for the managers and users of the countryside.
“This aim the SRPBA would support and we will want to ensure that this aim is indeed reflected in both the Consultation document and ultimately in the bill.
“Our countryside is a changing environment and we need to be sure that the law that relates to it is proportionate, workable and effective.”
Duncan Orr Ewing, RSPB Scotland head of species and land management added: "We welcome this proposal to reform Scotland's outdated wildlife legislation.
“The management of deer populations and game species ought to be as modern and sustainable as possible, to protect and enhance the countryside of the 21st century and the wildlife and rural businesses that rely on it."
|
|
|
|
|
|
JUDICIAL APPOINTMENTS BOARD MOVES TO DRUMSHEUGH GARDENS
From today, the Judicial Appointments Board for Scotland’s new address and contact details are:
The Judicial Appointments Board for Scotland
38-39 Drumsheugh Gardens
Edinburgh
EH3 7SW
Tel: 0131 528 5101
|
|
|
|
|
|
TRAINEES TOLD ‘IT’S NOT GOOD NEWS’ IN VOICEMAIL MESSAGES
A City law firm has left voicemail messages for trainees telling them their contracts will not be renewed and that they will get pay-offs of just £700, it has been reported.
|
Freshfields Bruckhaus Deringer left phone messages for some trainee solicitors telling them that they had missed on £59,000-a-year permanent jobs.
The Freshfields trainees had been earning £44,000-a-year, but those let go at the end of their two-year training contract were given just £700 as a "goodwill gesture", according to The Telegraph.
Human resources workers phoned trainees to tell them whether or not they were being retained.
When they did not get through to some of those being released, they left a voicemail telling them: “It's not good news”.
Freshfields opted to axe around 30 per cent of its September 2009 qualifiers.
Fourteen of the 48 trainees who will qualify in London this autumn will not be retained and will be forced to look for new jobs in the most difficult recruitment market in memory.
A Freshfields spokesman admitted that voicemails were left in "three or four cases" and that the method of communication was "not ideal".
He said: "In isolated cases, trainees were left a voicemail saying 'It's not good news but give us a call, so we can discuss it further'.
"It was not ideal from our perspective but we were trying to get the information out as soon as possible. We did not want to take the chance of them hearing first from someone else.”
He added: "Despite challenging market conditions, we have worked hard to maintain a reasonable trainee retention rate as well as avoid a redundancy programme.
"Those people that we have not retained received an ex-gratia payment."
|
|
|
|
|
|
WOMAN WINS DIVORCE SETTLEMENT 22 YEARS AFTER SPLIT
A woman has won £220,000 in a ground-breaking divorce settlement — 22 years after separating from her husband, The Times has reported.
The couple were married only four years before they split up, but they never formally divorced.
The woman was prompted to bring her claim after learning that her husband had secured a windfall by inheriting some money.
The couple met in 1979 and lived together until 1982, marrying that year. They separated in 1986, after the birth of one child.
After their separation, the husband, who lives in the Republic of Ireland, inherited £120,000 that he invested in property, selling it in January last year for about £1.1 million.
The woman’s solicitor, Naim Qureshi, a partner with Healys, explained: “The main reason that she did not divorce earlier is because their child was very young, and she did not want all the anguish of a messy divorce at that time. Now, their son is an independent adult.”
Mr Qureshi said that another factor was that the woman’s former husband, who works occasionally as a chef, had come into an inheritance.
He added: “She had borne the brunt, with almost no maintenance, of bringing up their son single-handedly, and felt that she had a potential claim.”
The woman’s lawyers argued that she had been financially disadvantaged because of her husband’s lack of emotional or financial support during the marriage and because of his minimal provision for the support of their child after they separated.
They argued that she needed a fund to provide her with long-term security for housing and pension provision.
The court agreed with the woman’s claim and awarded her sufficient to house herself, while leaving enough for her former husband to buy another property.
The court accepted that the woman did have a “need” and ruled that therefore it would have to be met from the inherited asset – the proceeds from the property sale.
Mr Qureshi added: “If the need can be met without injustice to the husband, and without preventing him from meeting his own needs, then the court should strive to meet the need of the wife.”
|
|
|
|
|
|
GLASGOW ACADEMY PUPILS WIN LAW SOCIETY DEBATE
Glasgow Academy pupils, Cosmo Grant and Allen Farrington, made a winning team when they triumphed at the national final of the Law Society of Scotland’s Donald Dewar Memorial Debating Tournament in the Scottish Parliament.
|
In addition to the tournament trophy, the pair won £1,000 for their school debating society, a commemorative quaich and £100 of book tokens each for their persuasive arguments in proposing the motion, ‘This house believes that the babies of 1999 are reaping the benefits of devolution’ in the parliament’s debating chamber.
Picture: The winners of the Law Society of Scotland Donald Dewar Debating Tournament 2009, Cosmo Grant (left) and Allen Farrington.
Runners up Imogen Dewar and Georgina Barker from George Heriot 's School , Edinburgh, received £250 for their school, donated by the Glasgow Bar Association, a commemorative quaich and £75 of book tokens each. The two schools will also share £500 of educational books from Hodder Gibson. The two other teams were also presented with a quaich each and £50 of book tokens.
This year, the Law Society teamed up with the Scottish Youth Parliament, with additional support from Young Scot, as part of its 60th year commemorations and the Scottish Parliament’s 10th anniversary.
Lorna Jack, chief executive of the Law Society, said: “I have always thought that far more dangerous than unanswered questions, are unquestioned answers and so the spirit and skill of debate is something that we should nurture and value.
“Having witnessed the capabilities of these young people it’s also reassuring to know that the future of debate in Scotland is in very, very capable hands.
She added: “The range of debates this year - all themed around issues of interest to young people – were inspired.
“Working with the Scottish Youth Parliament and Young Scot has brought a fabulous focus to our tournament, and one which has been well received by both pupils and their coaches.”
Presiding Officer Alex Fergusson MSP, who chaired the debate, said: “The voice of Scotland's young people is vitally important to us, and we aim to ensure that there are many relevant and innovative ways in which young people can engage with their Parliament.
“More than 130 teams from the Western Isles to the Scottish Borders entered the tournament this year, so I congratulate all four teams who made it to the final – each of the teams was exceptional, despite the judges having to choose just one winner."
|
|
|
|
|
SOLIGOPOLY IN CHARITY/TECHNOLOGY BETTERMENT INITIATIVE
Throughout June and July, Soligopoly – technology brokerage, procurement and information for the legal profession – is committing to donating half its fee from any new client to the Prince & Princess of Wales Hospice.
Richard Scott
|
This initiative is designed to encourage those legal firms and organisations thinking about technology to do the necessary research now and put a formal plan in place, with Soligopoly’s help.
In return half of the agreed fee will go the Prince & Princess of Wales Hospice. This will be formally agreed at the outset and the sum donated will be in the name of the legal firm involved.
Soligopoly guarantees to legitimately and constructively identify savings with your existing technology agreements. If it doesn’t then it will write a cheque for £50 to your favourite charity.
In summary, this is a win / win scenario for both the legal firm and the Prince & Princess of Wales Hospice.
For those interested, email richard@soligopoly.wanadoo.co.uk or telephone 07967 750985.
|
|
|
|
|
AND FINALLY: JAPANESE LAW LECTURER JAILED AFTER MOONING JUDGE
A Japanese law lecturer who bared her bottom to a judge will apply for bail pending an appeal against her recent convictions for threatening to kill court officials.
Megumi Ogawa, 41, was sentenced in March to six months' jail after a Brisbane District Court jury found her guilty of two counts each of using a carriage service to harass and using a carriage service to threaten to kill Australian Federal Court officials in 2006.
During the trial, the court was told Ogawa, who is a lecturer at Lismore's Southern Cross University, sent 83 emails and made 176 phone calls to Federal Court staff.
During some of those contacts, she made threats to kill registry staff.
Ogawa regularly had to be removed from the trial for incessant screaming, making disparaging comments about the justice system and wrestling with corrective services officers.
She also flashed her bottom on one occasion when being dragged into court.
At the conclusion of the trial, Judge Stuart Durward charged Ogawa with contempt for her "disgusting behaviour" during the proceedings and sentenced her to four months' jail for that offence.
In April, Ogawa indicated she would appeal against her convictions and sentences for the four Commonwealth offences and the charge of contempt.
On Tuesday, she filed an application in the Brisbane Supreme Court registry indicating she would be seeking bail pending this appeal.
The bail application will be heard later this month.
|
|
|
|
|
|
|
|
Please note that Scottish Legal accepts no responsibility for viruses. It's your responsibility to scan attachments.
Scottish Legal News is a digest of news stories from many sources. We strive to be accurate.
If you see anything in the bulletin, which is misleading or wrong, please contact the Editor
|
|
|
|
|
|
|
|
|
|
|
